Senate Study Bill 3102 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to the standard for judicial review of agency 1 action in a contested case and including applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5678SC (2) 86 je/rj

S.F. _____ Section 1. Section 17A.19, subsection 7, Code 2016, is 1 amended to read as follows: 2 7. In proceedings for judicial review of agency action 3 a court may hear and consider such evidence as it deems 4 appropriate. In proceedings for judicial review of agency 5 action in a contested case, however, a court shall not itself 6 hear any further evidence with respect to those issues of fact 7 whose determination was entrusted by Constitution or statute 8 to the agency in that contested case proceeding review the 9 record of the agency action de novo . Before the date set for 10 hearing a petition for judicial review of agency action in a 11 contested case, application may be made to the court for leave 12 to present evidence in addition to that found in the record 13 of the case. If it is shown to the satisfaction of the court 14 that the additional evidence is material and that there were 15 good reasons for failure to present it in the contested case 16 proceeding before the agency, the court may order that the 17 additional evidence be taken before the agency upon conditions 18 determined by the court. The agency may modify its findings 19 and decision in the case by reason of the additional evidence 20 and shall file that evidence and any modifications, new 21 findings, or decisions with the reviewing court and mail copies 22 of the new findings or decisions to all parties. 23 Sec. 2. APPLICABILITY. This Act applies to proceedings 24 for judicial review of agency action in a contested case under 25 section 17A.19 commenced on or after the effective date of this 26 Act. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Current law states that in a proceeding for judicial review 31 of agency action in a contested case, a court shall not itself 32 hear any further evidence with respect to those issues of fact 33 whose determination was entrusted by Constitution or statute to 34 the agency in that contested case proceeding. 35 -1- LSB 5678SC (2) 86 je/rj 1/ 2

S.F. _____ This bill provides that in a proceeding for judicial review 1 of agency action in a contested case, the court shall review 2 the record of the agency action de novo. Such review generally 3 means that the court is not bound by the agency’s findings of 4 fact or law and will independently review those findings. 5 The bill applies to proceedings for judicial review of 6 agency action in a contested case under Code section 17A.19 7 commenced on or after the effective date of the bill. 8 -2- LSB 5678SC (2) 86 je/rj 2/ 2